An innocent man was killed after senior Mongrel Mobsters allegedly sought retribution for the death of a fellow gang member at the same Tauranga address just a few weeks earlier.

David Kuka, 52, was shot twice close on the evening of February 11, 2018 in the suburb of Gate Pā.

The police investigation into his death, Operation Ubertas, eventually led to the arrests of four men who were charged with murder.

One of those men, Dane Mark Pukepuke, has admitted his role in Kuka’s murder, but the trial of the remaining defendants started in the High Court at Rotorua on Monday.

Luke William Belmont, Maru Michael Wright and Adrian John Rewiri have all pleaded not guilty to murder, with Rewiri also denying an alternative charge of being an accessory after the fact.

In an opening address to the jury, Crown prosecutor Richard Jenson said the death of David Kuka could be traced back to another shooting at the same Gate Pā address six weeks earlier.

The victim on that occasion was Lance Wayne Waite, who was shot dead by a small-time drug dealer on January 3, 2018.

Waite was living above the second-hand store on Wilrose Place, known as ‘the trap’, which was also frequented by drug users and gang associates.

He was a senior member of the Notorious chapter of the Mongrel Mob, and Jenson said his death caused a great deal of concern within the gang.

Also living at the trap was David Kuka.

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He had a history with gangs but was no longer part of that world, Jenson said, and was now a born-again Christian who helped out in the “legitimate business” of the second-hand store and spent his spare time playing guitar or carving.

But he was murdered as a result of members of Mongrel Mob “taking steps” to avenge the death of Lance Waite, Jenson said.

“Whether Mr Kuka was the intended target of the killing remains unclear,” Jenson said.

“What we do know is that the Mongrel Mob, in general, were concerned about the killing of Mr Waite.”

Tauranga man David Kuka was killed in February 2018.

While Dane Pukepuke had admitted to murder, and the Crown case was that he fired the two fatal shots, Jenson said the three remaining defendants were charged as “parties” to the crime.

The Crown alleged Belmont, who was the “captain” of the Notorious Mongrel Mob chapter, was the “instigator of the murder” ultimately carried out by Pukepuke.

The jury watched a presentation of security camera footage which showed Belmont’s Ford vehicle travel from his home in Raetihi to Tauranga on the day of the murder.

The car stopped in Rotorua to pick up Pukepuke from his home, Jenson said, and Belmont allegedly obtained a firearm from another Mongrel Mob member before carrying on to Tauranga.

The roles of Adrian Rewiri, who is the “captain” of the Mongrel Mob Aotearoa chapter in the Bay of Plenty, and fellow member Maru Wright were to source another car for Pukepuke to drive to the murder scene, Jenson said.

The prosecutor alleged both men knew the second vehicle, also a Ford sedan like Belmont’s, was for that specific purpose.

After Kuka was shot dead, Jenson alleged Rewiri also arranged for the Ford Falcon to be scrapped, which is why he was charged with being an accessory after the fact.

“In simple terms, destroying evidence,” Jenson said.

Taking these alleged steps meant the three defendants formed a plan, Jenson said, knowing that Pukepuke would drive to Wilrose Place and commit a violent offence with a firearm.

This made all four men responsible for Kuka’s murder, said Jenson, as they would have known that a likely consequence of their plan would be someone being shot dead.

“Which of course, is exactly what happened,” Jenson said.

One of the important witnesses in the trial was a man who also lived at the trap.

He found Kuka’s body and called 111, and a recording of that call would be played to jury.

But Jenson said the witness would also give evidence about how the Mongrel Mob had visited him weeks before Kuka was shot, just a few days after Lance Waite was killed.

The gang members wanted to know who was present at the trap when Waite was shot and made the witness write down a list of names.

David Kuka was one of the names on the list, Jenson said, which was later found by police at Luke Belmont’s home.

The witness is scheduled to be the first to give evidence at the trial on Tuesday.

Luke William Belmont has pleaded not guilty to the murder of David Kuka in Tauranga in February 2018. Photo / Andrew Warner

Defence counsel also made brief opening statements, urging the jury against speculation or prejudice simply because their clients were gang members.

“What evidence is there that Mr Belmont was in Tauranga? The fact his vehicle was doesn’t mean he was driving,” Bill Nabney said.

“What evidence is there of a joint plan cooked up between Mr Pukepuke and Mr Belmont? What I suggest to you is that the Crown is going to ask you to make a lot of assumptions.”

On behalf of Adrian Rewiri, Quentin Duff said his client’s actions are not consistent with someone involved in a murder plot.

“We say he acted out of ignorance … this is a case of speculation and over-reaching … there is no evidence Mr Rewiri was aware, or involved, in the death of Mr Kuka.”

James Greenland was even more succinct.

“Maru Wright is not a party to this murder. Not involved, wasn’t there, he didn’t know,” the barrister said, before sitting down.

The trial before Justice Graham Lang is estimated to take up to six weeks.

Luke William Belmont, Maru Michael Wright and Adrian John Rewiri (from left) have pleaded not guilty to the murder of David Kuka in Tauranga in February 2018. Photo / Andrew Warner